Precedential No. 5: Opposer Proves Standing Through Trade Name Use By Its Wholly Owned Subsidiary

In this long-running battle over the mark CINGULAR for cell phones and related products, the Board bifurcated the issues so that it could first rule on whether opposer has standing to bring the proceeding. Applicants claimed that opposer had stopped using the mark CINGULAR when it became AT&T, but the Board found that "[o]pposer is the owner of a majority share in a company named AT&T Mobility II LLC, which in turn holds a 100% interest in New Cingular, which uses the term CINGULAR in its trade name." AT&T Mobility LLC v. Mark Thomann and Dormitus Brands LLC, Opposition No. 91218108 (February 10, 2020) [precedential] (Opinion by Judge Frances Wolfson).

To establish standing, an opposer must prove that it has a "real interest" in the proceeding beyond that of a mere intermeddler, and a "reasonable basis" for its belief of damage. Empresa Cubana Del Tabaco v. Gen. Cigar Co., 753 F.3d 1270, 111 USPQ2d 1058, 1062 (Fed. Cir. 2014); Ritchie v. Simpson, 170 F.3d 1092,